Even if Rabbi Rackman's idea were acceptable in theory, its implementation contains a significant practical problem. It is often very difficult to formally produce incontrovertible evidence that someone physically abused his spouse (see Rama, E.H. 154:3). Proving that someone had an abuser personality is even more difficult, if not impossible. Similarly, it is exceedingly difficult to prove that one who denies his wife a get had a sadistic personality at the time of marriage. At the very least, the dayanim must see psychological records documenting these tendencies from before the marriage. In Rav Moshe's responsa regarding impotent and institutionalized husbands, official medical records proved the women's claims. On the other hand, The Jerusalem Report (August 3, 1998) disclosed that Rabbi Moses Morgenstern issues his rulings merely based on the woman's word, undoubtedly an unacceptable practice.3See, for example, Teshuvot Noda Biy'hudah (vol. 1, E.H. 54), cited in Pitchei Teshuvah (E.H. 157:9). Rabbis can rarely obtain private medical files in today's litigious society, for doctors do not generally release these records to clergy with the same ease that they may have done in Rav Moshe's time.
In terms of regular teshuvot, yes it is flawed.
ReplyDeleteRav Yechiel Michel Epstein, the Arukh hashulchan writes:
"Thus if the times require that this case be tried it must be done if we have the ability. That is because if we insist that everything be done in accordance with the laws of the Torah - and we require 2 valid adult witnesses and proper warning not to commit the crime – the result will be that the world is destroyed. In fact Jerusalem was not destroyed except for the fact that the courts insisted in totally compliance with the Torah law [Rashba 3:393]. Thus in times of need, the courts have the right to administer corporal punishment and to give monetary punishments according to what they see is needed to correct the problems of society. "
If the "lifers" (lifetime agunot) are a problem, then such a solution is implied by the arukh. If it's not a problem, then it isn't.
Your solution is to dissolve all problematic marriages?! Read Rabbi Lamm's critique of Rackman!
ReplyDeleteI could write a review of using only 1 witness.
ReplyDeleteSolution can only come about by bending the law, as per the arukh hashulchan.
So how would you bend and not break the law
ReplyDelete"Although some in the field of psychology believe in determinism, the Rambam (Hilchot Teshuvah 5:1) writes that belief in free will is a central element of the halachic worldview."
ReplyDeleteCorrect, hence homosexuality also falls into that category.
Ask the question of the Arukh - it was his suggestion.
ReplyDeleteWrong! He already answered by saying who is supposed to do it Hint it is not Rackman or Krauss
ReplyDeleteI asked you since you have repeatedly brought up the issue to defend those who have been wannabees
aha! BUt those who are supposed to do it are afraid to veer one iota from the written teshuvot.
ReplyDeleteThis is where the problem lies. They say it cannot be done, true. But the Arukh expects them to find ways around it.
So therefore all who deviate need to be accepted?!
ReplyDeleteSo here's the difficulty - you can always rebut the woman. She could show up with broken bones and eyes swollen shut but you could say there were no witnesses, no proof that this was his personality all along, and thereby condemn her to further torture because a high standard was not met. Where's the humanity in that?
ReplyDeleteBut that is not what the typical scenario is. It is also clear there are many false claims of abuse
ReplyDeletehow about some data?
How many woman do you know have shown up to beis din or police with broken bones and are told go back to your husband since you lack witnesses?
How many of the cases of agunot and mamzerim brought to Rav Moshe ztl was he able to solve, in %age terms?
ReplyDeleteDo you have data on that?
https://www.linkedin.com/slink?code=duRVw9A?RSZflIegYCaN
ReplyDeleteWow? How many cases have you dealt with!?
ReplyDeleteyou are regressing
ReplyDeleteI am asking if he was able to resolve a large portion of cases brought to him. why are you answering back like a child?
Wow? How many cases have you dealt with!?
ReplyDeleteI don't know. No one knows how much this happens because, like child abuse, it doesn't get reported. If they cover up paedophilia, and you've reported on that multiple times, do you think they'd let abused wives talk?
ReplyDeleteWow, I'm not making any claims. No bet din inc. In my name.
ReplyDeletethe follow up question i had in mind was "why nobody has taken on rav Moshe 's mantle"
the answer, presumably, would be nobody is great enough.